Legal Opinion

Beemer v. McCoy

City of New York Municipal Court

Decided May 15, 1886Published

McAdam, Ch. J. Where it is sought to stay the prosecution of an action because the costs of a former action have not been paid, it must appear from the record that the actions are identical (10 Weekly Dig. 199; 10 Reporter, 152; 9 Daly, 259). The plaintiff swears that he holds two notes of the defendant of the same date and amount, and that the $500 note included in the former action is not the one sued upon here. The motion for a stay will, therefore, be denied. No costs.

1Opinion of the Court

In Dare v. Murphy (Mew York Supreme Ct., Daily Register, March 1, 1887), Judge Andrews said:

There is no absolute right in a defendant to demand the judgment of the court forbidding the prosecution of a, second suit until the costs of a former action are paid. It is an equity depending generally upon the circumstances of each particular case and addressed very much to the sound discretion' of the judge to$ whom • the application is made *297(McMahon v. Life Ins. Co., 12 Abb. Pr. 30). The cases in which orders have been made staying proceedings in an action until the costs of a former action have…

2Cases cited4 opinions

  1. Barton v. . SpeisNew York Court of Appeals · 1878
  2. Wood v. . SwiftNew York Court of Appeals · 1880
  3. McMahon v. Mutual Benefit Life InsuranceNew York Supreme Court · 1860
  4. People v. SturtevantThe Superior Court of New York City · 1855

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